1. law, govt and politics

20184 Coastal Highway
Rehoboth Beach, DE 19971
(302) 227-5000
800 Kings Highway
Lewes, DE 19958
(302) 645-2881
RESIDENTIAL LEASE-RENTAL AGREEMENT
RECEIVED FROM _______________________________________________________, hereinafter referred to as Tenant, the sum of
_________________________________________, evidenced by ________________________________________, as a deposit which,
upon acceptance of this rental agreement, the Owner of the premises, hereinafter referred to as Owner, shall apply said deposit as follows:
Total Due
Received
Due Prior To Occupancy
Rent for the period of
$
$
$
Security deposit (not applicable toward last month’s rent)
$
$
$
Other: $75.00 Processing Fee _________________________________ $
$
$
TOTAL
$
$
$
Tenant hereby offers to rent from the Owner the premises situated in the City of ____________________,
State of Delaware,
described as __________________________________________ and consisting of a _______________________________________,
upon the following TERMS and CONDITIONS:
1.
TERM: The term hereof shall commerce on _________________________, and continue until __________________________,
for a total rent of ____________________________________________________, plus tax if applicable.
2.
RENT: Rent shall be _____________________________________, per month, payable in advance, upon the __________
day of each calendar month to Owner, or his Authorized Agent, at the following address: Coldwell Banker Resort Realty - 20184
Coastal Highway, Rehoboth Beach, DE 19971 or 800 Kings Highway, Lewes, Delaware 19958, or at such other place as may
be designated by Owner from time to time. In the event the rent is not paid within five (5) days after due date, Tenant agrees to
pay a late charge of $ 25.00, plus, plus 1½ % per month on the delinquent amount. Tenant further agrees to pay $50.00 for
each dishonored bank check. The late charge period is not a grace period, and the Owner is entitled to make written demand for
any rent if not paid when due. Any unpaid balances remaining after termination of occupancy are subject to 1½ % interest per
month or the maximum rate allowed by law. (NOTE: If the property is located in the city limits of Dewey Beach, Rehoboth
Beach, or Henlopen Acres, there is an additional 3% rental tax. For property located in the city limits of Lewes there is an
additional 5% rental tax. Tenant agrees to pay any applicable tax monthly in addition to the rental amount stated herein.)
3. MULTIPLE OCCUPANCY: It is expressly understood that this agreement is between the Owner and each signatory jointly and
severally. Each signatory shall be responsible for timely payment of rent and performance of all other provisions of this
agreement.
4. UTILITIES: Tenant shall be responsible for the payment of all utilities and services unless otherwise provided in this agreement.
5. USE: The premises shall be used exclusively as a residence for no more than ____________________ persons. Guests staying
more than a total of 14 days in a calendar year without written consent of Owner shall constitute a violation of this agreement.
6. ANIMALS: No animals of any kind shall be brought on the premises without the expressed written consent of the Owner.
Owner’s Initials: ________ Tenant’s Initials: ________
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7. ORDINANCES AND STATUTES: Tenant shall comply with all statutes, ordinances and requirements of all municipal, state and
federal authorities now in force, or which may hereafter be in force, pertaining to the use of the premises. Tenant further agrees
to abide by all rules and regulations of the community or condominium in which the leased premises are a part, whether
promulgated before or after the execution of this lease.
8.
HOUSE RULES: In the event that the premises are a portion of a building containing more than one unit, Tenant agrees to abide
by any and all house rules, whether promulgated before or after the execution hereof, including, but not limited to, rules with
respect to noise, odors, disposal of refuse, animals, parking, and use of common areas. Tenant shall not have a waterbed on the
premises without the prior written consent of the Owner.
9.
ASSIGNMENT AND SUBLETTING: Tenant shall not assign this agreement or sublet any portion of the premises without the
prior written consent of owner.
10. MAINTENANCE, REPAIRS OR ALTERATIONS: Tenant acknowledges that the premises are in good order and repair,
unless otherwise indicated herein. Tenant shall at his own expense, and at all times, maintain the premises in a clean and sanitary
manner including all equipment, appliances, furniture and furnishings therein and shall surrender the same, at termination hereof,
in as good condition as received, normal wear and tear excepted. Tenant shall be responsible for damages caused by his
negligence and that of his family or invitees and guests. Tenant shall not paint, paper or otherwise redecorate or make alterations
to the premises without the prior written consent of the Owner. Tenant shall irrigate and maintain any surrounding grounds,
including lawns, and shrubbery, and keep the same clear of rubbish or weeds, if such grounds are a part of the premises and are
exclusively for the use of the Tenant. Tenant shall not commit any waste upon the said premises, or any nuisance or act which
may disturb the quiet enjoyment of any tenant in the building, or any surrounding neighbors.
11. INVENTORY: The rental shall include the following appliances and furnishings:____________________________________
_______________________________________________________________________________________________________
12. DAMAGES TO PREMISES: If the premises are so damaged by fire or from any other cause as to render them untenantable,
then either party shall have the right to terminate this Lease as of the date on which such damage occurs, through written notice to
the other party, to be given within (15) fifteen days after occurrence of such damage; except that should such damage or
destruction occur as the result of the abuse or negligence of Tenant, or his invitees, then Owner only shall have the right to
termination, and shall have full recourse against Tenant and any invitees for such fault or negligence. Should any termination
right be exercised by either the Owner or Tenant, then except for an event of Tenant, or his invitees, fault or negligence, rent for
the current month shall be prorated between the parties as of the date the damage occurred and any prepaid rent and unused
security deposit shall be refunded to Tenant. If this Lease is not terminated and Tenant continues in possession, then Owner shall
promptly repair the premises and there shall be a proportionate reduction of the rent until the premises are repaired and ready for
Tenant’s occupancy. The proportionate reduction shall be based on the extent to which the making of repairs interferes with
Tenant’s reasonable use of the premises.
13. ENTRY AND INSPECTION: Owner, or Owner’s Agent, shall have the right to enter the premises: (a) in case of emergency;
(b) to make necessary or agreed repairs, decorations, alterations, improvements, supply necessary or agreed services, exhibit the
premises to prospective buyers or actual buyers, mortgagees, tenants, workmen, or contractors; or (c) when Tenant has abandoned
or surrendered the premises. Except under (a) and (c), entry may be made only during normal business hours, and with at least 48
hours prior notice to Tenant, unless otherwise agreed to by addendum to this lease.
14. INDEMNIFICATION: Owner, or Owner’s Agent shall not be liable for any damage or injury to Tenant, or any other person, or
to any property, occurring on the premises or any part thereof, or in common areas thereof, unless such damage is the proximate
result of the negligence or unlawful act of the Owner, his agents, or his employees. Tenant agrees to hold Owner and Agent
harmless from any claims for damages, no matter how caused, except for injury or damages caused by willful act or negligence of
Owner, his Agents, or employees. Owner’s insurance does not cover Tenant’s personal property.
15. PHYSICAL POSSESSION: If owner is unable to deliver possession of the premises at the commencement hereof, Owner shall
not be liable for any damage caused thereby, nor shall this agreement be void or voidable, but Tenant shall not be liable for any
rent until possession is delivered. Tenant may terminate this agreement if possession is not delivered within five (5) days of the
commencement of the term hereof.
Owner’s Initials: ________ Tenant’s Initials: ________
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16. DEFAULT: If the Tenant shall fail to pay rent when due, or perform any term hereof, after not less than five (5) days written
notice of such default given in the manner required by law, the Owner, at his option, may terminate all rights of Tenant hereunder,
unless Tenant, within said time, shall cure such default. If Tenant abandons or vacates the property, while in default of the
payment of rent, Owner may consider any property left on the premises to be abandoned and may dispose of the same in any
manner allowed by law. In the event the Owner reasonably believes that such abandoned property has no value, it may be
discarded. All property on the premises is hereby subject to a lien in favor of Owner securing the payment of all sums due
hereunder, to the maximum extent allowed by law.
In the event of a default by Tenant, Owner may elect to (a) continue the lease in effect and enforce all his rights and remedies
hereunder, including the right to recover the rent as it becomes due, or (b) at any time, terminate all of the Tenant’s rights
hereunder and recover from Tenant all damages he may incur by reason of the breach of the Lease, including the cost of
recovering the premises, and including the worth at the time of such termination, or at the time of an award if suit be instituted to
enforce this provision, of the amount by which the unpaid rent for the balance of the term exceeds the amount of such rental loss
which the Tenant proves could be reasonable avoided.
17. SECURITY: The security deposit set forth shall secure the performance of the Tenant’s obligations hereunder. Owner may,
but shall not be obliged to, apply all portions of the said deposit on the account of Tenant’s obligations hereunder. Any balance
remaining upon termination, shall be returned to the Tenant. Tenant shall not have the right to apply the security deposit in
payment of the last month’s rent. All Security Deposits will be held in escrow by the owners or their Authorized Agent.
Interest accruing on any funds held by agent shall accrue to the Agent.
18. DEPOSIT REFUNDS: The balance of all deposits shall be refunded within 20 days from date possession is delivered to Owner,
or his Authorized Agent, together with a statement showing any charges made against such deposits.
19. ATTORNEY’S FEE AND COSTS: In any action or proceeding involving a dispute between Owner, Tenant and/or Agent
arising out of the execution of this agreement, or to enforce the Terms and Conditions of this agreement, or to recover the
possessions of the premises from the Tenant, the prevailing party shall be entitled to receive from the other party a reasonable
attorney’s fee, expert fees, appraisal fees, and all other costs incurred in connection with such action or proceedings, to be
determined by the court or arbitrator(s).
20. WAVIER: No failure of Owner to enforce any term hereof shall be deemed a wavier. The acceptance of rent by Owner shall not
constitute a waiver of the Owner’s right to enforce any term hereof.
21. NOTICES: Any notice which either party may give, or is required to give, shall be given in accordance with the Delaware
Landlord Tenant Code.
22. TIME: Time is the essence of this agreement.
23. LANDLORD TENANT CODE: THIS LEASE-RENTAL AGREEMENT SHALL BE GOVERENED BY THE
DELAWARE LANDLORD TENANT CODE. The tenant acknowledges receipt of a copy of the Landlord Tenant Code
Summary.
24. HOLDING OVER: Any holding over after expiration hereof, with the consent of Owner, shall become a month to month
tenancy subject to the terms hereof, until either party shall terminate the same by giving the other party sixty (60) days notice in
accordance with the Delaware Landlord Tenant Code. Said 60 days shall begin on the first day of the month following the date of
such notice.
25. AGENCY: The parties hereto acknowledge prior receipt of the Consumer Information Statement of the Delaware Real
Estate Commission, and confirm the following agency relationships exist:
A. ____Coldwell Banker Resort Realty ______________________________________. Authorized Brokerage Organization
□ Landlord’s Agent
□ Dual Agent
B. ________________________________________________________________________________________. Leasing Agent
□ Landlord’s Designated Agent
□ Designated Dual Agent
Owner’s Initials: ________ Tenant’s Initials: ________
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ADDITIONAL TERMS AND CONDITIONS: Should the tenant be absent for an extended period, tenant shall notify the
owner prior to such absence. Tenant acknowledges responsibility for replacement of any or all smoke alarm batteries.
ATTACHMENTS: If checked, the following attachments are made a part of this lease agreement:
… Lead Based Paint Addendum
… Smoke Detector Pamphlet
… Entry Agreement
… Other: ______________________________________________________________________________
ENTIRE AGREEMENT: The foregoing constitutes the entire agreement between the parties and may be modified only by written
agreement signed by both parties. All parties hereto certify that they are at least 18 years of age and have the legal capacity to enter
into this Lease-Rental Agreement. Tenant and Owner agree that the invalidity of any one or more provisions of this Lease Agreement
shall not invalidate any other provision or the Lease Agreement itself
The undersigned Tenant hereby acknowledges receipt of a copy hereof.
DATED: ________________________________
_______________________________________________Tenant _________________________________________________Tenant
_______________________________________________ Owner ________________________________________________Owner
Agent:
Coldwell Banker Resort Realty
By:______________________________________________________
Revised 5/10
Owner’s Initials: ________ Tenant’s Initials:
________
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